(A) After the public hearing and any continuation thereof, the Hearing Officer shall draft and present to the County Board proposed findings of fact and a recommendation concerning the site approval request. The Hearing Officer may recommend any conditions reasonable and necessary to accomplish the purposes of § 39.2 of the Act and not inconsistent with regulations promulgated by the Illinois Pollution Control Board. The findings of fact and recommendation, including recommended conditions, shall be based upon and supported by the record as identified in § 50.51.
(B) The Hearing Officer's recommendation and findings of fact shall be presented to the County Board Chairperson within 15 days after the final date to submit written comment.
(C) The Hearing Officer's recommendation on the request for site approval, including any conditions, shall be based on and address the following criteria:
(1) The facility is necessary to accommodate the waste needs of the area it is intended to serve;
(2) The facility is so designed, located, and proposed to be operated that the public health, safety, and welfare will be protected;
(3) The facility is located so as to minimize incompatibility with the character of the surrounding area and to minimize the effect on the value of the surrounding property;
(4) The facility is located outside the boundary of the 100-year floodplain or the site is flood-proofed;
(5) The plan of operations for the facility is designed to minimize the danger to the surrounding area from fire, spills, or other operational accidents;
(6) The traffic patterns to or from the facility are so designed as to minimize the impact on existing traffic flows;
(7) If the facility will be treating, storing, or disposing of hazardous waste, an emergency response plan exists for the facility which includes notification, containment, and evacuation procedures to be used in case of an accidental release;
(8) The facility is consistent with the Lake County Solid Waste Management Plan adopted by the County Board on September 12, 1989, as amended and updated, in effect at the time of the application; and
(9) If the facility will be located within a regulated recharge area, any and all applicable requirements specified by the Illinois Pollution Control Board for the area have been met.
(D) In making a recommendation, the Hearing Officer shall consider as evidence the previous operating experience and past record of convictions or admissions of violations of the applicant (and any subsidiary, parent corporation, or subsidiary of the parent corporation) in the field of solid waste management when considering criteria of subsections (C)(2) and (C)(5) under this section.
(Ord. 24-0593, passed 5-14-2024)